Lanigan v. Vandergriff

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EVAN R. LANIGAN, 	)
)
Petitioner, 	)
)
vs. 	) 	Case No. 4:25-CV-01591 SPM
)
TERI VANDERGRIFF, 	)
)
Respondent. 	)
OPINION, MEMORANDUM AND ORDER OF TRANSFER
Petitioner, who is presently incarcerated at Farmington Correctional Center (FCC) in St.
Francois County, Missouri, filed a signed petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. For the following reasons, the Court will transfer this case to the United States District
Court for the Western District of Missouri.
In March 2021, petitioner was charged with assault or attempted assault in the first degree,
armed criminal action, three counts of unlawful use of a weapon/exhibiting, felony murder in the
second degree and tampering with physical evidence in a felony prosecution in the Circuit Court
of Johnson County, Missouri. State v. Lanigan, No. 21JO-CR00165-01 (17th Jud. Cir., Johnson
County Court). On June 14, 2021, petitioner pled guilty and was sentenced to assault in the second
degree, armed criminal action and tampering with physical evidence in a felony prosecution and
was sentenced to a total term of imprisonment of eleven years in the Missouri Department of
Corrections. Id. This is the judgment petitioner challenges in his § 2254 action currently before
the Court.
Johnson County is in the Western District of Missouri. 28 U.S.C. § 105(b)(1). FCC, where
petitioner is currently incarcerated, is in the Eastern District of Missouri. 28 U.S.C. § 105(a)(1).
Pursuant to 28 U.S.C. § 2241(d), the district courts for the Eastern District of Missouri and the
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Western District of Missouri have concurrent jurisdiction to hear this case. In circumstances such
as this, the district court in which the petition was originally filed may, in the exercise of its
discretion and in the furtherance of justice, transfer the case to the other district for hearing and
determination. Id. In addition, 28 U.S.C. § 1404(a) provides that a district court, for the
convenience of the parties and witnesses and in the interest of justice, may transfer any civil action
to any other district or division where it might have been brought.
Transfer of this action is appropriate because petitioner’s constitutional claims are based
upon a conviction entered in a circuit court located within the Western District of Missouri, the
relevant records are located there, and if hearings are required, the Western District of Missouri
would be more convenient for witnesses. In addition, the Court entered an administrative order
stating that, absent any unusual circumstances, any habeas petition challenging a conviction or
sentence arising out of a proceeding in the Western District of Missouri should be transferred to
that district. In re Business of the Court, January 27, 1986. As such, the Court will therefore order
that this case be transferred to the United States District Court for the Western District of Missouri.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall TRANSFER this case to the
United States District Court for the Western District of Missouri.
Dated this 29th day of October, 2025.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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